Law: Pakistan Penal Code, 1860

Section: 34,37,302,302(b),394,397,410

Law: Criminal Procedure Code (V of 1898)

Section: 544A

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 397/34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17---Criminal Procedure Code (V of 1898), S.410---Qatl -i-amd, robbery and haraba---Appeal before High Court---Maintainability- Since accused was also charged and tried under S.17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, notwithstanding the fact that he was acquitted from the charge under said Ordinance, but convicted only under Penal Code, his appeal would lie to the Federal Shariat Court; and not before the High Court---Reference for confirmation of death sentence would also be competent before Federal Shariat Court---Appeal filed by appellant/accused being not maintainable before High Court, along with relevant record was directed to be returned to the counsel for the appellant for its presentation before the competent forum. Muhammad Abbas v. The State 1984 SCMI 129 and Federal Shariat Court decision in Faza' Din's case PLD 1983 FSC 33 rel. THIS JUDGMENT DELIVERED BY: M.A. ZAFAR, J.--- This judgment will dispose of Criminal Appeal No.470 of 2003 filed by Ghazanfar Ali, appellant, who was convicted and sentenced by learned Addl. Sessions Judge, Rawalpindi vide impugned judgment dated 13-10-2003 as under:-- Under Section 302(b), P.P.C. Death for committing murder of Shahid Anees with compensation of Rs.1,00,000 to be paid to the legal heirs of the deceased under section 544-A, Cr.P.C. in default thereof to further undergo 6 months rigorous imprisonment. Under sections 397/37, P.P.C. 7 years' rigorous imprisonment. 2. Brief facts of the prosecution case are that on 1-5-1994 at about 1-00 p.m. present accused along with his co-accused persons while armed with fire-arm weapons, in furtherance of their common intention committed robbery, snatched gold bangles from arms of Nagina Naz and injured her on her resistance and killed Shahid Anees by firing shots upon him. 3. The present appellant also remained fugitive from law while his co-accused persons were tried by the learned predecessor of the Trial Court and vide judgment dated 29-5-2000 both the said co-accused persons namely Idrees and Ashiq…

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